prpri Trademark Registration Process In India Trademark Registration Process In India

STAGES INVOLVED FOR REGISTRATION OF TRADEMARK:

1. Application for registration

For the registration of a trademark, an application is to be made to the Registrar. A single application can be made for the registration of a trademark for different classes of goods and services by paying a prescribed fee for each such class of goods and services.

i. Any person claiming to be the proprietor of a trademark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trademark.

ii. A single application may be made for registration of a trademark for different classes of goods and services and the fee payable therefor shall be in respect of each such class of goods or services.

iii. Every application shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situated:

Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situated.

iv. Subject to the provisions of the Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions, or limitations, if any, as he may think fit.

v. In case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.

II. Withdrawal of Acceptance

Where, after the acceptance of an application for registration of a trademark but before its registration, if the Registrar is satisfied-

i. That the application has been accepted with error; or

ii. That is the circumstances of the case the trademark should not be registered or should be registered subject to conditions, limitations, conditions additional, different from the conditions, limitations subject to which the application has been accepted,

The Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.

III. Advertisement of application 

This section provides for the advertisement of an application either after acceptance or before acceptance, to allow the public to oppose the registration of the mark.

After acceptance of an application for registration of a Trademark but before its registration, if the Registrar is satisfied that the application was accepted erroneously or that in the circumstances of the case, the trademark should not be registered or should be registered with some conditions, he may, after hearing the applicant if so desires, withdraw the acceptance and proceed with the application as if it had not been accepted. This provision gave enough scope to the Registrar to correct any errors, he may have committed while accepting the application.

The purpose of advertisement is to allow all the interested persons to oppose the registration of trademark sought in the application, if their trade or other interests are likely to suffer, because of registration of a trademark. Once it is advertised, it will be opened to other trademark owners and proprietors, to oppose the registration on the ground of deceptive similarity and passing off, etc.

IV. Opposition to Registration 

i. Any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further period, not exceeding one month in the aggregate, as the Registrar, on an application made to him in the prescribed manner and on payment of the prescribed fee, allows, give notice in writing in the prescribed manner to the registrar, of opposition to the registration.

ii. The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the Prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application.

iii. If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.

iv. Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar and the Registrar shall allow them to be heard, if they so desire.

v. The registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions and limitations if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not.

vi. Where a person giving notice of opposition or an applicant sending a counter statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned.

v. The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks fit.

V. Correction and Amendment

The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration, permit the correction of any error in or in connection with the application or permit an amendment of the application:

Provided that if an amendment is made to a single application involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making the dividend applications so divided.

VI. Registration

i) When an application for registration of a trademark has been accepted and either-

a) the application has not been opposed and the time for notice of opposition has expired;

or

b) the application has been opposed and the opposition has been decided in favor of the applicant,

the Registrar shall unless the Central Government otherwise directs, register the said trademark, and the trademark when registered shall be registered as of the date of the making of the said application and that date shall be deemed to be the date of Registration.

ii. On registration of a trademark, the registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.

iii. Where registration of a trademark is not complete within twelve months from the date of the application because of default on the part of the application, the Registrar may after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that in the notice.

VII. Duration

The registration of the trademark, after the commencement of the Act, shall be for 10 years.

Procedure in Nutshell

Procedure in Nutshell

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